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SOME RECENT SCHOOL 
LEGISLATION 



FOUR MILLION DOLLAR RURAL AID ACT. 

AN ACT AUTHORIZING PROMPT PAYMENT OF 

TEACHERS WITHOUT DISCOUNT. 
AN ACT AUTHORIZING EQUAL PAY FOR MEN AND 

WOMEN TEACHERS. 
A RESOLUTION DESIGNATING HOW THE FLAG SHALL 

BE DISPLAYED. 
A RESOLUTION SUBMITTING A CONSTITUTIONAL 

AMENDMENT TO REMOVE TAX LIMIT FOR 

SCHOOL PURPOSES. 



ANNIE WEBB BLANTON 
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION 




Bulletin 99 



March, 1919 



ISSUED BY 



THE DEPARTMENT OF EDUCATION 
STATE OF TEXAS 



ItHgBSOgf&Sht 






LIBRARY OF CONGRESS 


MAY 2 2 1936 


DIVISION OF DOCUMENTS 










SOME RECENT SCHOOL LEGISLATION 



' RURAL SCHOOL AID. 

Section 1. For the purpose of promoting the public school interests 
of rural schools and those of small towns, and of aiding the people in 
providing adequate school facilities for the education of their children, 
$2,000,000.00, or such part thereof as may be necessary, is hereby ap- 
propriated out of any money in the State Treasury not otherwise appro- 
priated for the school year ending August 31, 1920, and $2,000,000.00, 
or such part thereof as may be necessary, for the year ending Augiist 31, 
1921, to be used in accordance with the provisions of this Act in aiding 
rural schools and those of small towns. 

Section 2. State aid under the provisions of this Act may be dis- 
tributed in such a way as to assist all schools of not more than 500 
scholastic enrollment to maintain the school for such length of term, not 
to exceed nine months, as may be desired by the district board of school 
trustees, for granting of such aid to be subject to the following con- 
ditions : 

(1) A common school district receiving this aid must not contain 
less than nine square miles. 

(2) A common school district or independent school district receiving 
this ^id must have had an average attendance the preceding year at least 
twenty times as many scholastics as the number of teachers employed, 
and must maintain during the year in which aid is received, an average 
attendance of at least 75 per cent of the enrollment during the time that 
the school is in session, unless cause for such non-attendance, satisfactory 
to the State Board of Education can be shown. 

(3) Any common or independent school district receiving this aid 
must make such heating and ventilating arrangements, provide such 
sanitary closets, and keep school premises in such condition as can be 
approved by the rural school inspector sent by the State Department of 
Education. 

(4) Wo common school district or independent school district which 
refuses to conform to a plan of consolidation formulated by the county 
superintendent and approved by the county board of trustees and by the 
State Superintendent, shall receive aid from this fund for any school 
session following the school year in which such refusal is made. 

School districts in sparsely settled communities where consolidation 
is impracticable, are to be excepted from this provision of this Act; 
provided that the decision as to whether such consolidation is not ad- 
vantageous shall rest with the county board of trustees and shall be 
approved by the State Superintendent. It is expressly provided that 
in case of schools where compliance with the preceding conditions is im- 
possible, or would work undue hardships, the State Superintendent shall 
have power, with the approval of the State Board of Education, to grant 
funds to such schools. 

(5) No common or independent school district which has received 



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aid from this fund for one scholastic year, shall be granted such aid a 
second time unless it shall pro^dde for the maintenance of its schools by 
voting a tax for maintenance of schools of fifty cents on the hundred 
dollars of property valuation ; and in no case shall the assessed valuation 
for the common school district be less than the valuation of the county 
assessor ; and in no case shall the assessed valuation in towns be less than 
the assessed valuation of town property for other purposes. 

Schools of not more than 500 scholastic enrollment, complying with 
the foregoing conditions, shall send to the State Superintendent, on 
blanks provided by the State Department of Education, a list of teachers 
employed in the school, with a statement as to the monthly salary of each 
teacher, it being shown on this blank that the trustees lack sufficient funds 
to maintain the school for the desired length of term. The State Super- 
intendent of Public Instruction, with the approval of the State Board of 
Education, may then grant to the school such an amount of this fund as 
may be necessary to maintain the school for the desired length of term ; 
provided that this period be not longer than nine scholastic months, and 
provided that such aid be not granted in excess of an amount sufficient 
to pay the teachers the maximum salary permitted by State law to those 
holding certificates of the grades held by the teachers of the school dis- 
tricts to which such aid is granted. Provided, all school districts meet- 
ing the requirements of this Act, and not having sufficient available school 
funds to maintain their schools six months in the year, shall be given 
the preference in the distribution of this fund, until all the public schools 
in the State can be maintained at least six months in the year. 

Section 3. All applications for State aid under this Act shall be 
made upon the form published by the State Board of Education and 
furnished by the State Department of Education. Before any application 
is presented to the State Board of Education for its consideration, the 
State Superintendent shall make careful investigation regarding com- 
pliance with conditions, and his certificate that each district to which aid 
is granted, meets substantially the requirements of the law, shall be re- 
quired by the board before aid in any amount is granted. 

Section 4. In addition. State aid to the amount of not more than 
$500 for any one district may be granted, from the appropriation au- 
thorized by this Act, to school districts under the following conditions: 

(1) LomMon. Each such school receiving this State aid shall be well 
located on a plot of ground not less than one acre in extent, properly 
drained and suitably laid out. 

(2) School Rouse. There shall be provided a suitable school house, 
erected in accordance with the school house building law of Texas, or 
meeting substantially the requirements thereof. 

(3) Equipment. Eaeh such school shall be provided with necessary 
desks, seats, and blackboards; and with such library, books, maps, and 
globes as recommended in the State course of study, as in the opinion of 
the State Superintendent said school may be able to purchase. 

(4) Teachers. Teachers employed in country or small town schools 
shall furnish to the State Superintendent satisfactory evidence of pro- 
fessional training to their credit, and all teachers must render efficient 
service of a high grade. 

(5) Attendance. In order to receive State aid under these condi- 






tions, the school district must have a scholastic enrollment of not more 
than 500 scholastic enrollment, exclusive of transfers, and must main- 
tain an attendance record during the 3''ear in which it receives such aid 
of not less than seventy- five per cent of the enrollment unless causes for 
such non-attendance satisfactorj^ to the State Board of Education can 
be shown. 

(6) Loccbl Tax. The school district must have levied and be collect- 
ing a local school tax for maintenance of not less than fifty cents on the 
hundred dollars valuation; provided that in no case shall the assessed 
valuation in rural districts be less than the valuation of the county as- 
sessor, and provided that in small town districts, in no case shall the 
property valuation for school purposes be less than that for any other 
taxation upon town property; provided that any school district which 
has not received aid for one year shall receive such aid for one time only 
even though no such tax has been voted by said district. 

(7) Subjects. Each country school or small town school shall 
teach the common school subjects as prescribed by law. 

Section 5. Such part of this fund as may not be expended under 
the preceding provisions of this Act may be granted to schools of not 
more than 500 scholastic enrollment for the following purposes : 

(1) Schools making provision for transportation of pupils to and 
from consolidated schools may be granted from this fund a sum equal to 
one-half of the total cost of transportation, provided that the provisions 
of the contract for said transportation be approved by the State Super- 
intendent. 

(2) State aid from this fund may be granted, in accordance with 
rules approved by the State Board of Education, for the purpose of pro- 
viding for an annual increase of salary to teachers of rural schools and 
schools of small towns, who remain in the same position; provided (1) 
that such aid shall not exceed one-half of the amount of the annual in- 
crease paid by the school, (2) that such teachers shall furnish recom- 
mendations as to satisfactory work from their local boards, (3) that such 
aid shall not be granted for the increase of salaries of teachers who do 
not attend a summer school for at least two months not less frequently 
than one summer out of every three, and (4) that the maximum salary 
paid such teachers shall not exceed the average of the salary paid to 
teachers of similar acquirements and experience in the three largest 
cities of the State. 

(3) Any school which acquires by purchase or by gift a library of a 
value of not less than $200 consisting of books approved as a school 
library by the regulations of the State Department of Education, may 
receive from this fund a sum not exceeding one-half the value of said 
library. 

(4) Provided that State aid not exceeding $500 for any one school 
may be granted under this section in any one year. 

Section" 6. General Power of State Board of Education. The State 
Board of Education shall be authorized and it shall be their duty to take 
such action and to make such rules and regulations, not inconsistent 
with the terms of this Act, as, in its opinion, may be necessary to carry 
out the provisions and intentions of this Act. 

Section 7. Duties of Su{perintendent of Public Instruction. It 



— 6— 

shall be the duty of the State Superintendent of Public Instruction to 
go in person or to send one of the rural school supervisors authorized 
by this Act to assist the school communities who may desire the privi- 
leges of this Act in their efforts to meet the necessary requirements in 
order that they may participate in the distribution of the funds herein 
appropriated. 

Before approving any application he shall make a thorough investiga- 
tion in person or through his representative of the grounds, buildings, 
equipment and possibilities of each school applying for State aid by 
appropriation from the State Board of Education. 

Section" 8. Second Aid. Before State aid shall be granted a second 
time to the same district, it shall be necessary that all reports as required 
of the school officials of said district shall have been received and ap- 
proved; that the State Superintendent of Public Instruction or one of 
the rural school supervisors shall have visited said district and the 
State Superintendent of Public Instruction has advised the State 
Board of Education that in his judgment the school officials of 
such district have made diligent efforts to meet the requirements and 
standards as set forth in this Act, that the district receiving State aid 
has made satisfactory progress, under existing conditions, and that, in 
his opinion further aid would prove a good and desirable investment for 
the State in promoting the educational interests of the people of such 
district, provided that no school shall be granted State aid a second time 
until all applications on file for first aid from schools entitled to aid under 
this Act shall have been acted upon. 

Section 9. Warmnts and Beports. Warrants for all money granted 
under the provisions of this Act shall be transmitted by the State Super- 
intendent of Public Instruction to treasurers or depositories of school 
districts to which State aid is granted in the same manner as warrants 
for State apportionment are now transmitted, and it shall be the duty 
of all treasurers or depositories to make annually itemized reports under 
oath to the State Superintendent of Public Instruction of the exnenditure 
of all money granted under the provisions of this Act. 

Section 10. Apportionment Privileges. Country schools and small 
town schools shall be entitled to share in the distribution of State and 
county available school funds, and in all other school funds in the same 
manner as other school districts; and in case high school grades are 
maintained the community shall still be entitled to participate in the 
distribution of any State aid that may be extended by the Legislature of 
Texas for vocational or industrial purposes to high schools of the State, 
though it accept the provisions of this Act. 



EQUAL PAY FOR MEN" AND WOMEN. 

Section 1. All women teaching in the State schools of the State of 
Texas shall be paid the same compensations as are paid to men for per- 
forming the same kind, grade and quantity of service, and that all women 
performing public service for the State of Texas shall be paid the same 
compensation for their service as is paid to men for performing the same 
kind, grade and quantity of service, and that there shall be no distinc- 
tion in compensation oh account of sex. 







— 7— 

PUEPOSES FOR WHICH THE SCHOOL FUND MAY BE 

EXPENDED. 

Section 1. That Article 2772 of the Eevised Statutes of 1911 be so 
amended as hereafter to read as follows: 

Article 2772. The piiblic free school funds shall hereafter not be 
expended except for the following purposes: 

(a) The State and county available funds shall be used exclusively 
for the payment of teachers and siiperintendents' salaries, fees for taking 
the scholastic census, and interest on money borrowed on short time to 
pay salaries of teachers and superintendents when these salaries become 
due before the school funds for the current jesiv become available. 

(b) Local school funds from district taxes, tuition fees of pupils not 
entitled to free tuition and other local sources may be used for the pur- 
poses enumerated for State and county funds and for purchasing ap- 
pliances and supplies, for the payment of insurance premiums. Janitors 
and other employes, for buying school sites, buying, building and repair- 
ing and renting school houses, and for other purposes necessary in the 
conduct of the public schools to be determined by the board of trustees, 
the accounts and vouchers for county districts and communities, to be 
approved by the county superintendent; provided, that when the State 
available school fund in any city or district is sufficient to maintain the 
schools thereof in any year for at least eight months, and leave a surplus, 
such surplus may be expended for the purposes mentioned herein. 



RESOLUTION CONCERNING THE FLAG. 

Whereas, The Texas Flag Law places upon the State Superintendent 
of Public Instruction the responsibility of issuing to the schools instruc- 
tions in regard to the details ai the observance of the law. 

Whereas, Intelligent care of the flag is a part of the lesson of patriot- 
ism, since the flag is to the child the symbol of his love of his country, and 

Whereas, The Superintendent of Public Instruction is in hearty accord 
with the desire of certain members of the Legislature to preserve the flags 
now the property of the schools, and not to represent the patriotic feeling 
of our nation by tattered and discolored emblems on the school houses of 
our State, therefore, be it 

Resolved, That it is the wish of the Legislature of Texas that the State 
Superintendent of Public Instruction shall include, in instructions to city 
and county superintendents, provisions requiring the flag of each school 
house to be kept within doors, to be displayed on the exterior of the build- 
ing only in good weather, on suitable occasions, and at such regular in- 
tervals as may be desirable, at the same time providing for such regular 
use of the flag in patriotic exercises as may inspire in the children of the 
State the proper reverence and enthusiasm for the star spangled banner 
of the greatest republic in the world. 






-8— 



RESOLUTION SUBMITTING AN AMENDMENT TO THE 
CONSTITUTION. 

Be it resolved by the Legislature of the State of Texas: 

Section 1. That Section 3 of Article VII of the Constitution be so 
amended as hereafter to read as follows: (Creating a new Section 3.) 

Section 3. One-fourth of the revenue derived from the State occupa- 
tion taxes and a poll tax of one ($1.00) dollar on every inhabitant of 
the State, between the ages of twenty-one and sixty years, shall be set 
apart annually for the benefit of the public free schools ; and in addition 
thereto, there shall be levied and collected an annual ad valorem State 
tax of such an amount not to exceed thirty-five cents on the one hundred 
($100) dollars valuation, as with the available school fund arising from 
all other sources, will be sufficient to maintain and support the public 
schools of this State for a period of not less than six months in each year, 
and it shall be the duty of the State Board of Education to set aside a 
sufficient amount out of the said tax to provide free text-books for the 
use of children attending the public free schools of this State ; provided, 
however, that should the limit of taxation herein named be insufficient 
the deficit may be met by appropriation from the general funds of the 
State and the Legislature may also provide for the formation of school 
districts by general or special laws without the local notice required in 
other cases of special legislation; and all such school districts, whether 
created by general or special law may embrace parts of two or more 
counties. And the Legislature shall be authorized to pass laws for the 
assessment and collection of taxes in all said districts and for the manage- 
ment and control of the public school or schools of such districts, whether 
such districts are composed of territory wholly within a county or in parts 
of two or more counties, And the Legislature may authorize an addi- 
tional ad valorem tax to be levied and collected within all school districts 
heretofore formed or hereafter formed, for the further maintenance of 
public free schools, and for the erection and equipment of school build- 
ings therein ; provided, that a majority of the qualified property taxpay- 
ing voters of the district voting at an election to be held for that pur- 
pose, shall vote such tax not to exceed in any one year one ($1.00) dollar 
on the one hundred dollars valuation of the property subject to taxation 
in such district, but the limitation upon the amount of school district 
tax herein authorized shall not apply to incorporated cities or towns 
constituting separate and independent school districts, nor to independent 
or common school districts created by general or special law. 

Section 3. The foregoing constitutional amendment shall be sub- 
mitted to a vote of the qualified electors of the State at an election to be 
held throughout the State on the first Tuesday after the first Monday 
in November, 1920, at which election all voters favoring said proposed 
amendment shall write or have printed on their ballots the words, "For 
the amendment to Section 3 of Article VII of the Constitution of the 
State of Texas, providing that the limitation upon the amount of school 
district tax of one ($1.00) dollar on the one hundred dollars valuation 
shall not apply to independent or common school districts created by 
general or special law," and all those opposed to said amendment shall 
write or have printed on their ballots "Against the amendment to Sec- 






-9- 



tion 3 of Article YII of the Constitution of the State of Texas, provid- 
ing that the limitation upon the amount of school district tax of one 
($1.00) dollar on the one hundred dollars valuation shall not apply to 
independent or common school districts created by general or special 
law.'^ 

Section 3. The Governor of the State is hereby directed to issue 
the necessary proclamation for said election and to have same published 
as required by the Constitution and existing laws of the State. 

Section 4. That the sum of five thousand ($5000) dollars, or so 
much thereof as may be necessary, is hereby appropriated out of any 
funds in the Treasury of the State of Texas, not otherwise appropriated, 
to pay the expenses of such publication and election. 



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